Archives - July, 2008



Reader’s Question:

I was convicted for DUI here in Indiana and was told by a friend that my car insurance would likely go up and that I need to file SR22 insurance. What is an SR22 and what is the reason behind my increase?

Josh

South Bend, IN

If you were convicted of DUI in Indiana, don’t be too much surprised that your auto insurance would likely go up. The reason behind it is that you are already being considered as a high risk driver. You have just become a major risk and concern the auto insurance companies in general and they all do not offer DUI car insurance.

Most likely, you would be dropped from your current carrier and you must begin the search for new coverage. If they retain you and they are willing to keep you on board, you will find out that it’s because of an enormous rate hike, which is just another reason to begin the search to find a better deal if that’s even possible.

An SR22 is a form that you need to file so that your license could be reinstated. SR22 form provides proof that people convicted with DUI or the so-called high risk drivers have obtained auto insurance that meets minimum liability requirements. It also makes sure your auto insurance company will let the Department of Motor Vehicles know if your policy lapses – and that’s for any reason. This SR22 normally lasts for three years.

Most auto insurance carriers do not normally offer SR22 insurance fillings for DUI offenders. You should begin you search for insurance companies who handle high-risk or non-standard policies.






Reader’s Question:

After weighing things out, I came to a decision that I will be hiring a lawyer who specializes in the charges against me. Just a few days ago, I was charged with DUI here in Indiana. Since I have already decided, how will a find a DUI lawyer who would help me in my case?

Angelo

Fort Wayne, IN

That would be a smart decision, Angelo. If you have been charged with DUI in Indiana, you should hire a competent and reliable lawyer who can fight against your charges and prove that you are innocent. DUI is a very serious traffic violation for which you may be seriously penalized.

There are a few things that you have to keep in mind in finding a DUI lawyer who would best help you in your case. You can check out online directories to get the list of Indiana DUI attorneys available. There are various lawyers that have the skill and expertise to defend you against your DUI charges. You may also want to speak with members and friends. They could be able to help and guide you about the lawyers best suited for your DUI case. You have to look for only attorneys who are specialized in DUI cases. They would know about the latest legal developments and will be able to guide you better. Lastly, you have to meet a few of the attorneys and consult them about your DUI case. This will give you an idea about how knowledgeable they are and about whether you feel comfortable working with them or not. If the lawyer is judgmental or too harsh, you will not feel comfortable and this may not work the case against you.






Reader’s Question:

My brother is a member of the armed forces and he was charged with a military DUI here in Indiana. Is it the same as the state’s DUI? Are the penalties also the same?

Roxanne

Gary, IN

If your brother is a member of the armed forces and was arrested for DUI in Indiana, the consequences and process can be much different than someone who faces a civilian charge. A military court could use the state’s legal blood alcohol limit, which is 0.08 percent BAC, for a military DUI. But military courts are not limited to the state of Indiana’s legal limit. If his BAC is lower than the state’s legal limit, but the military court feels it was enough to impair his ability to operate a vehicle, he can still be charged with a military DUI.

A military court will try his military DUI unlike civilian DUI. This means that he’ll need an attorney that understands military law and military DUI. It’s very important that he gets an attorney to assist him with the military DUI as quickly as possible. Military court will move much faster unlike civilian court proceedings that tend to stretch out over a long period of time.

A DUI sentence is limited to community service, jail time, fines, loss of license, community service, and DUI programs in a civilian trial. Military DUI does not have a maximum legal sentence so the court would be able to decide the sentence. A military DUI conviction could result in fines, dishonorable discharge, a rank reduction, a pay deduction, loss of security clearance and imprisonment. At the very least, he may receive a formal reprimand for a military DUI. Less severe but still serious consequences of a military DUI include the inability to increase in rank or pay grade. His military DUI conviction would become part of his permanent military record.






Reader’s Question:

My daughter was charged with DUI here in Indiana and this is her first offense. I don’t want to talk it through my husband again but according to our lawyer, my daughter might avoid prison and she might just be under probation. What are the things that she would have to do if she will be under probation?

Sheryl

Indianapolis, IN

The law in Indiana is somewhat lenient to first time DUI offenders. It calls for jail sentence technically, but first time DUI offenders usually have this sentence suspended and they are put on probation. That means that the DUI offender is subject to community supervision. This usually lasts one to two years. The DUI offender should obey the judge’s order or the suspension can be revoked and that means the offender can face a jail term.

More often, a condition of probation demands that the DUI offender must not drink alcohol or violate the law. It is also necessary for the DUI offender to maintain a job and follow all the laid down for the probation period. This also includes reporting to the prison office usually once a month.

In case your daughter would be on probation, she also has to pay fees which include the fine, monthly probation fees and court expenditure on time.

The main purpose of probation is to educate the DUI offender to the consequences of driving under the influence. It is also mandatory for the offender to attend a DUI school.






Reader’s Question:

My sister has an outstanding DUI warrant here in Indiana which seems to be forgotten already by the authorities because it has been quite a while now since the arrest. She was able to post bail but she wasn’t able to appear in court. What happens to her outstanding DUI warrant? Would it be forgotten forever?

Gwen

Fort Wayne, IN

Generally, when a driver is arrested for DUI, he/she is able to post bail and get out of jail and later required to show up in court for a hearing on the DUI case. If the suspect fails to show up in court, a warrant for their arrest will be issued.

Many of these DUI warrants go unserved for a period of time, but keep in mind that they never go away. In the state of Indiana, there is no statute of limitations on a warrant. Eventually, your sister would still have to face the charges against her. Since she has skipped out on her DUI trial, she can assume that most likely there has been a warrant issued for her arrest.

DUI warrants are usually not immediately served as soon as they are issued because of limited police resources in many areas. DUI warrants are generally considered low priority. Just because the police did not come knocking on her door does not mean that it will be forgotten forever.






Reader’s Question:

I was charged with DUI here in Indiana. Just like most if us, I’m busy doing a lot of things and I’m wondering if my case would eat up a lot of my time. How long would it take to settle my DUI case and do I actually have to go to court?

Debbie

Evansville, IN

The length of time it would take to resolve your DUI case in Indiana depends greatly upon many factors. The factors would include whether your charge is a misdemeanor or a felony, or a first offense or multiple offense, whether any sentence enhancements are involved that can increase the punishment, whether you decide to go to trial or have a negotiated settlement, or whether urine or blood samples must be independently retested. All of these factors and so much more could have an impact on the length of time needed to resolve your DUI case.

Regarding the question that you raised if you would have to go to court, in Indiana, your DUI lawyer can do that for you. That is one of the benefits of hiring a DUI lawyer to represent you. That means that in many occasions, you can go about your normal schedule and you would only have to go to court if the case actually goes to trial. An experienced Indiana DUI defense lawyer would do many things for you, including making your life as normal as possible and bring you peace of mind during your pending DUI case. Good luck.